GBL Articles

GBL Article 11.1.
All Germans shall enjoy freedom of movement throughout the federal territory.

GBL Article 11.2.
This right may be restricted only by or pursuant to a law and only in cases in which an adequate basis of existence is lacking and special burdens would arise to the community as a result thereof, or in which such restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or a Land, to combat the danger of epidemics, to deal with natural disasters or particularly grave accidents, to protect young people from neglect or to prevent crime.

{Translator's Note:
Article 11 of the German Basic Law seems to play a very minor role in German constitutional law. Over the last twenty years Article 11 was only mentioned five times in decisions by the Federal Constitutional Court.

58 BVerfGE 358 , at 366 (1981): Article 11 of the Basic Law mentioned in case that turned on Article 12 of the Basic Law (right to choose trade, occupation or profession).

72 BVerfGE 200, at 245 (1986): A tax law case in which Article 11 of the Basic Law was cited and found inapplicable because the issue was leaving the country, an act which is covered under Article 2.1. of the Basic Law.

76 BVerfGE 1, at 47 (1987): An immigration case in which Article 11 of the Basic Law was cited and found inapplicable. The court noted that Article 11 of the Basic Law includes the right to enter the country; such a right to enter, however, only extends to citizens.

80 BVerfGE 150 (1989): An unsuccessful challenge of a law regulating horseback riding in forests. The plaintiff mainly argues and the court mainly discusses along Article 2.1. of the Basic Law. Article 11 of the Basic Law is mentioned but does not make a difference.}

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